nnY-zs o2 13:4? FROM: SMITHiGQMSDN, ETAL. 523-229-2614 TD: 5419357426 P968914
. RECEPVQED
MAY l r, 2mm
.. W - 5
andrgerxgxegﬁoﬁ $2510"
BEFORE TI-IE TEACHERS STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the STIPULATION AND ORDER OF
Teaching License of SUSPENSION
ROGER THOMAS LOWE
On or about February 10, 2000, the Teacher Standard and Practices
Commission (Commission) notified Roger Thomas.- Lowe (Mr. Lowe) that a report
had been filed alleging that Mr. Lowe misused his school computer to access sexually
explicit material over the Internet. The complaint was filed by Walt Blomberg, the
. personnel director of the Woodhurn School District.
Mr. Lowe fully cooperated with the Como-iission's investigation and did not
contest the allegation. After a review of the matters alleged, Mr. Lowe and the i
Commission have agreed that their respective interests, together with the public
interest, are best served by a stipulation to certain facts and the imposition of a 90
day Suspension, followed by a period of probation of two years. This Order sets forth
the facts upon which the parties have agreed and the sanction to be imposed. In
entering into this stipulation. Mr. Lowe waives his right to a hearing to contest the
findings of t'act, conclusion of law and order set forth below.
. Page I ~ STIPULATION AND ORDER OF SUSPENSION - ROGER LOWE

MnY-os on 13:47 FROM: SMITHiGHMSUN, ET.nL. 525-229-2614 TU:5419357426 Pot-‘5:25
O
I STIPULATED FACTS
l. Mr. Lowe holds an Oregon Teaching License. He was employed by the
Woodburn School District. as a teacher and coach at French Prairie Middle .
School from approximately 1995 until February 29, 200i), when he resigned
effective the end of the school year. Mr. Lowe has a positive record with the
Woodburn School District.
2. During the [999-2000 school year, a District-owned computer with Internet
access was placed in Mr. Lowe's classroom for his use in connection with his I
’ assigned responsibilities.
3. At the time Mr. Lowe was issued a District-owned computer, there was no
“acceptable use" policy in l'orce. There was also no "screening" software to
prevent users from accessing to any category of material available on the
Internet. Mr. Lowe was never instructed not to use the computer for personal
purposes.
4. After Mr. Lowe had used his classroom computer for some time, the District
installed monitoring software to prohibit all users on the District's network 1
from accessing sexually explicit or pornographic web sites. The District did
not notify any ot' the computer users that this software was being installed. 5
. Page 2 - STIPULATTON AND ORDER OF SUSPENSION - ROGER LOWE

MAY-as no 13:4? FROM15MITHiGHMSCIN, ET.n|_. 525-229-2614 T015419357426 PntaErlas
g
m
‘it
' 5. The screening software installer] by the District was programmed to keep a I
Art
record of attempts by any users to access “adult” sites banned under the ‘
screening mechanism.

6. The District's screening software recorded that 0n multiple occasions during
non~student contact time, Lowe used his classroom computer to access sexually
explicit materials through the ‘Internet.

7. ‘No students were present at the times Mr. Lowe viewed the above materials on
the computer. nor was there any risk of students viewing the inappropriate
material. However, Mr. Lowe realized that he should not have used the
computer for viewing sexually explicit materials and expressed remorse for so

' doing.
ULTIMATE FINDING OF FACT
Roger Lowe used computer equipment owned by his employing school district

and located on school premises to access sexually explicit. materials. Although Mr.

Lowe believed that his conduct was private, he should have known that accessing

such materials at the workplace with a Districrowned computer was inappropriate.

CONCLUSION OF LAW
Roger Lowe's activities constituted gross neglect of duty in violation of

ORS 584-020-0040940(a).

This stipulation is ccmtingent upon approval and adoption of the Order by the
. Page 3 - STIPULAT'I ON AND ORDER OF SUSPENSION - ROGER LOWE;

MQY-BB talz 13:49 FREIN=SMITH,GHI'ISUN, ET.o|_. 523-229-0614 1115419357426 PQGEM?
. Commission. If the Commission does not adopt this Order. neither Mr. Lowe nor v
the Commission are bound by these Stipulmions and Mr. Lowe retains all rights t0 a M
hearing on the allegations.
It is so stipulated:
Roge: Lowe Date l ,
l I / ~/
/ g 5A 422$: 54/6401)
David V. Myron, Executive Director Date
. ORDER
The Oregon Teaching License of Roger Lowe is suspended for a period of 90
days from May l, 2000. At. the encl of this suspension period, Mr. Lowe's teaching
license will bc reinstated upon application and a showing by Mr. Lowe that he has
undergone an evaluation at. his own expense by a psychotherapist, or medical
professional acceptable t0 the Commission, and the evaluator submits a written
report to the Commission attesting (l) Mr. Lowe is fit. to work with children and p
teenagers and (2) there is a high probability he will not use school district equipment
to access sexually explicit materials or engage in similar inappropriate behavior.
. Page 4 - STTPULA'H'ON AND ORDER OF SUSPENSION — ROGER LOWE

Following the reinstatement of his teaching license, Mr. Lowe shall be placed
. on probation by the Commission for a period of two years subject to the following
conditions: l
ll Mr. Lowe shall substantially comply with any treatment or counseling as
recommended by the individual who completed the evaluation described
above.
2i Mr. Lowe shall comply with all Standards for Competent and Ethical
Performance under OAR 584, Division 020.
3. Mr. Lowe shall provide information as requested by the Commission to verify
that he has complied with the conditions of probation.
. Dated with M’ day May, 2000.
By: ZQM 2!??? all: fZ/l [00
David V. Myton, Exec tive Director Date:
. Page 5 - STIPULATION AND ORDER OF SUSPENSION — ROGER LOWE